Can I build an ADU in Saratoga, California?
Yes. On a lot with a single-family home, Saratoga allows one ADU inside or attached to the house (or in an existing accessory structure), up to two junior ADUs, and one new detached ADU. A detached ADU can be up to 1,200 sq ft if it stays out of the side and rear setback areas, or up to 1,000 sq ft with 4-foot side and rear setbacks (800 sq ft is always allowed), and up to 16 feet tall. No owner-occupancy is required for an ADU, only for a junior ADU, and the City must decide a complete application within 60 days.
| Units allowed on a single-family lot | 1 ADU + up to 2 JADUs in the home or existing structure, plus 1 new detached ADU [1] |
| Max size, detached ADU | 1,200 sq ft outside side/rear setbacks; 1,000 sq ft with 4-ft setbacks where floor area allows; 800 sq ft always allowed [11] |
| Max size, ADU with 4-ft side/rear setbacks | 1,000 sq ft (where consistent with floor area limits) [12] |
| Max size, attached ADU | 50% of the home's living area, up to 1,200 sq ft [2] |
| Max height, detached ADU | 16 feet (18 ft near major transit; +2 ft for matching roof pitch) [4] |
| Detached ADU side/rear setbacks | 4 feet minimum [5] |
| Junior ADU max size | 500 sq ft, within the walls of the house [8] |
| Parking | 1 off-street space, with many exemptions (e.g. within 1/2 mile of transit, conversions) [6] |
| Owner-occupancy | Required only for lots with a JADU (deed restriction) [9] |
| Short-term rental | ADUs and JADUs may not be rented for 30 days or less [7] |
| Approval | Ministerial approval or denial within 60 days of a complete application [10] |
What you can build
On any lot with an existing or concurrently approved single-family home, Saratoga allows one ADU and up to two junior ADUs (JADUs) within the proposed or existing space of the house or an existing accessory structure, plus one new detached ADU with minimum 4-foot side and rear setbacks [1].
Size, height and setbacks
An attached ADU can't exceed 50 percent of the main home's living area (1,200 square feet max) [2]. A detached ADU outside the side and rear setbacks can have up to 1,200 square feet of living area [11]. An ADU placed with 4-foot side and rear setbacks can be up to 1,000 square feet where it fits the floor area rules [12], and the City can't use these limits to block an ADU of up to 800 square feet with 4-foot side and rear setbacks [3]. Detached ADUs are limited to 16 feet on a single-family lot, 18 feet within a half mile walk of a major transit stop, plus 2 feet for a roof pitch matching the main house [4]. Detached ADUs need only 4-foot side and rear setbacks; attached ADUs follow the main house's setbacks [5]. Converting existing space inside the house is not subject to the size caps, and a converted garage needs no setback. New ADUs must match the main house's color, can't have roof decks, and must generally share the main driveway.
Coming in 2027
Starting January 1, 2027, state law (AB 956) will require cities to approve two new detached ADUs on a single-family lot; Saratoga's code currently allows one.
Junior ADUs
A JADU must be built within the walls of the house (an attached garage counts), be no more than 500 square feet, and have a separate entrance and an efficiency kitchen [8]. No parking is required for a JADU.
Parking
One off-street space is required for an ADU on top of the main home's parking [6], but not if the ADU is within a half mile of public transit or is part of the house or an existing accessory structure, among other exemptions. Lost garage parking need not be replaced.
Rental and owner-occupancy
ADUs may be rented separately but not as short-term rentals [7]. The owner must live on a lot with a JADU and record a deed restriction [9]. State law allows owner-occupancy only for a JADU that shares a bathroom with the house, so state law may override Saratoga's broader JADU owner-occupancy rule.
Approval
The Community Development Department must ministerially approve or deny a complete application within 60 days [10]. ADUs up to 750 square feet are exempt from impact fees.
See how Saratoga compares with 8+ other California towns on accessory dwelling units (adus) →
Next steps
- Review Article 15-56 and the City's ADU/JADU handout, then confirm your lot's zoning, setbacks and remaining floor area with the Planning Division (planning@saratoga.ca.us, 408-868-1222).
- Submit a planning application with the technical review checklist materials to the Planning Division; ADUs over 18 feet or multi-story designs need design review.
- After planning approval, submit building permit plans to the Building Division (building@saratoga.ca.us, 408-868-1240).
- For a JADU, record the owner-occupancy deed restriction before the building permit is issued, and contact West Valley Sanitation District about utility connections.
Common questions
- Are ADUs allowed in Saratoga, California?
- Yes. On a lot with a single-family home, Saratoga allows one ADU inside or attached to the house (or in an existing accessory structure), up to two junior ADUs, and one new detached ADU.
- How big can a detached ADU be in Saratoga, California?
- A detached ADU can be up to 1,200 sq ft if it stays out of the side and rear setback areas, or up to 1,000 sq ft with 4-foot side and rear setbacks. Up to 800 sq ft is always allowed. The height limit is 16 feet.
- Do I need to live on the property to build an ADU in Saratoga, California?
- No. Owner-occupancy is not required for an ADU, only for a junior ADU. The City must approve or deny a complete application within 60 days.
- Can I rent my ADU on Airbnb in Saratoga, California?
- No. ADUs and junior ADUs may not be rented for 30 days or less in Saratoga.
California's statewide ADU law
California's ADU law (Gov. Code §§66310–66342, recodified from §65852.2; latest amendments effective January 1, 2026) overrides conflicting city rules, including in charter cities. Cities must approve ADUs ministerially (no hearing) within 60 days of a complete application, or the permit is deemed approved.
What cities cannot require or do:
- Owner-occupancy for an ADU.
- A minimum lot size.
- Side or rear setbacks over 4 feet for a new ADU, or any setback for a converted existing structure.
- Size, lot coverage or floor-area rules that block an ADU of at least 800 sq ft. Size caps can't be under 850 sq ft (1,000 for 2+ bedrooms).
- Parking within half a mile walking distance of public transit, or replacement parking for a garage converted to an ADU.
- Impact fees on ADUs of 750 sq ft or less.
By right on a single-family lot: one converted ADU plus one junior ADU (JADU, up to 500 sq ft inside the house), plus one new detached ADU (up to 800 sq ft, 16 ft tall). Owner-occupancy may be required only for a JADU that shares a bathroom.
Short-term rentals: cities may bar ADU rentals under 30 days, and must for by-right ADUs, JADUs and SB 9 units.
Coming January 1, 2027: AB 956 raises the by-right count to two new detached ADUs per single-family lot.
SB 9 (§§65852.21, 66411.7) allows two homes on a single-family lot, or a split into two lots of at least 1,200 sq ft (with a 3-year owner-occupancy affidavit).
What the ordinance says
- Sec. 15-56.020(a), City Code Article 15-56 - Accessory Dwelling Units, p. 1
One accessory dwelling unit and up to two junior accessory dwelling units within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, and one detached, new construction accessory dwelling unit with minimum four-foot side and rear yard setbacks shall be allowed on any one lot which contains an existing or concurrently approved single-family dwelling unit.
- Sec. 15-56.025(a)(3)a.i, City Code Article 15-56 - Accessory Dwelling Units, p. 1
an attached accessory dwelling unit shall not exceed fifty percent of the existing or concurrently approved living area of a single-family dwelling, with a maximum size of one thousand two hundred square feet, not including the garage.
- Sec. 15-56.025(a)(3)b, City Code Article 15-56 - Accessory Dwelling Units, p. 1
However, in no case shall floor area and site coverage requirements be applied to prohibit the construction of one accessory dwelling unit that does not exceed eight hundred square feet gross floor area and has minimum side and rear yard setbacks of at least four feet.
- Sec. 15-56.025(a)(4)b.i, City Code Article 15-56 - Accessory Dwelling Units, p. 1
A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit; or
- Sec. 15-56.025(a)(5), City Code Article 15-56 - Accessory Dwelling Units, p. 1
Attached accessory dwelling units shall comply with the setbacks required for the primary dwelling unit. Detached accessory dwelling units shall have rear and side setbacks of no less than four feet.
- Sec. 15-56.025(a)(7)a, City Code Article 15-56 - Accessory Dwelling Units, p. 1
Unless otherwise provided in this section, one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling.
- Sec. 15-56.025(a)(2)b, City Code Article 15-56 - Accessory Dwelling Units, p. 1
An accessory dwelling unit or junior accessory dwelling unit shall not be used as a short-term rental.
- Sec. 15-56.025(b)(2)b, City Code Article 15-56 - Accessory Dwelling Units, p. 1
The junior accessory dwelling unit shall be constructed within the walls of an existing or proposed single-family structure including an attached garage, and shall be no more than five hundred square feet in size.
- Sec. 15-56.035(a), City Code Article 15-56 - Accessory Dwelling Units, p. 1
With respect to a lot containing a junior accessory dwelling unit, the owner must reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
- Sec. 15-56.040, City Code Article 15-56 - Accessory Dwelling Units, p. 1
Notwithstanding any other provision of this Chapter, within sixty days of receipt of a complete application, the Community Development Department shall ministerially approve or deny any application for a junior accessory dwelling unit or an accessory dwelling unit that is in compliance with the requirements of this Article or otherwise qualifies for ministerial approval pursuant to State law.
- Sec. 15-56.025(a)(3)a.ii, City Code Article 15-56 - Accessory Dwelling Units, p. 1
a detached accessory dwelling unit, not located within a side or rear setback area, shall have a maximum size of one thousand two hundred square feet of living area, not including the garage.
- Sec. 15-56.025(a)(1), City Code Article 15-56 - Accessory Dwelling Units, p. 1
Notwithstanding the foregoing, an attached or detached accessory dwelling of up to one thousand square feet with four-foot side and rear setbacks shall be allowed where consistent with the floor area requirements in section 15-56.025 (a)(3).